Criminal justice system being reviewed

A review of the criminal justice system was at the top of the Cabinet's agenda yesterday.

Prime Minister Eddie Fenech Adami said he felt he should not comment about the previous day's acquittal of Meinrad Calleja, who was accused of being behind the attempted murder of his personal assistant, but he said: "The time has come to revise the criminal justice system."

Dr Fenech Adami said the cabinet had discussed the issue of criminal justice, which went beyond the jury system, and the government would be looking at what other countries had done in this regard.

Contacted yesterday, Home Affairs and Justice Minister Tonio Borg said the government had already started thinking of publishing a white paper proposing changes in both civil and criminal cases before Sunday's verdict.

"We have to look at the criminal justice system as a whole, not just at the jury system. We have to see how to protect the rights of society and victims as well as respect the Constitution and the rights of the accused," Dr Borg said.

"We have to have a calm, serious process to do this within a certain time frame," Dr Borg said.

Asked about the jury system, which has been under fire for some time, Dr Borg said:

"The jury system collapsed in Ian Farrugia's case. He had left a palm print on the victim's car and was acquitted of even being an accomplice.

"Some argue there should not be a jury in very hot issues and in drug trafficking cases. Others argue in favour of scrapping the jury system altogether.

"I prefer taking the middle way. We have a 150-year-tradition and cannot change it at the snap of a finger. But we need to reform. The issue is how. There are a number of questions that need to be addressed. Should a judge assist the jury in its deliberations or should there be technical experts to assist jurors? Had this system been in operation, there is no way Ian Farrugia would have been acquitted as he was," Dr Borg said.

Another issue that has to be addressed is the issue of delays in the compilation stage and whether a victim should testify three times: at the inquiry, at the compilation stage and then again during the trial by jury.

"Very often, years go by and victims and other witnesses forget, and the defence argues they were not telling the truth.

"But to carry out the reforms we need wide consultation. And we cannot prejudice pending cases," Dr Borg said.